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Florida Jury Verdict Reporter

RECENT DECISIONS

VOLUME XLIII, NO. 6 June 2022

Current Volume Index

Subject Mater Index

ABUSE
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Civil Theft/Unjust Enrichment

ACCOUNT STATED
Breach of Contract
Business and Finance–Failure to Pay Credit Card Account
Business and Finance–Money Lent/Failure to Pay Credit Card Account
Promissory Note–Failure to Make Payments

ADMIRALTY
Negligence–Assault by Male Cruise Ship Passenger on Female Companion Injures Third Passenger

AGE DISCRIMINATION
Labor and Employment–Civil Rights/Termination of Chef in His Fifties

AUTOMOBILE POLICY PROVISIONS
Insurance–Declaratory Judgment/Insurer's Right to Subrogation for Medical Payment Benefits

BOAT COLLISION
Negligence–Wakeboarder Struck by Boat

BREACH OF CONTRACT
Account Stated–Promissory Note/Failure to Make Payments
Business and Finance
Account Stated–Failure to Pay Credit Card Account
Money Lent–Account Stated/Failure to Pay Credit Card Account
Home Health Services Provider Agreement–Failure to Pay for Services Rendered
Insurance and Bad Faith–Declaratory Judgment/Duty to Defend and Indemnify/Rescission of Policy/Material Misrepresentations
Insurance–Homeowners Policy/Denial of Hurricane Damage Claim
Restrictive Covenants–Mattress Dealer Agreement/Violation of Non-Compete Provision

BUSINESS AND FINANCE
Breach of Contract
Account Stated–Failure to Pay Credit Card Account
Money Lent–Account Stated/Failure to Pay Credit Card Account
Goods Sold–Failure to Pay/Open Account

CIVIL RIGHTS
Freedom of Speech–City Orders Removal of Artwork Deemed Objectionable
Labor and Employment
Age Discrimination–Termination of Chef in His Fifties
Race Discrimination–Family and Medical Leave Act/Retaliation/Black Store Manager Terminated

CIVIL THEFT
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Abuse/Unjust Enrichment

CONVERSION
Intentional Torts–Exploitation of Vulnerable Adult/Civil Theft/Abuse/Unjust Enrichment

DEFENSE VERDICTS
Limited Liability Company–Ownership/Dispute Regarding Ownership of Limited Liability Company
Negligence–Motor Vehicle Collision/Disputed Causation of Damages

EXPLOITATION OF VULNERABLE ADULT
Intentional Torts–Conversion/Civil Theft/Abuse/Unjust Enrichment

FAIR LABOR STANDARDS ACT
Labor and Employment–Wage and Overtime Violations/Failure to Pay Mechanic Overtime and Minimum Wage

FALSE ARREST
Intentional Torts–Malicious Prosecution/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop

FAMILY AND MEDICAL LEAVE ACT
Labor and Employment–Civil Rights/Race Discrimination/Retaliation/Black Store Manager Terminated

FEDERAL TORT CLAIMS ACT
Negligence–Premises Liability/Slip and Fall on Water at Post Office Entrance

FREEDOM OF SPEECH
Civil Rights–City Orders Removal of Artwork Deemed Objectionable

GOODS SOLD
Business and Finance–Failure to Pay/Open Account

HOME HEALTH SERVICES PROVIDER AGREEMENT
Breach of Contract–Failure to Pay for Services Rendered

INSURANCE
Declaratory Judgment–Automobile Policy Provisions/Insurer's Right to Subrogation for Medical Payment Benefits
Homeowners Policy–Breach of Contract/Denial of Hurricane Damage Claim

INSURANCE AND BAD FAITH
Breach of Contract–Declaratory Judgment/Duty to Defend and Indemnify/Rescission of Policy/Material Misrepresentations

INTENTIONAL TORTS
Exploitation of Vulnerable Adult–Conversion/Civil Theft/Abuse/Unjust Enrichment
False Arrest–Malicious Prosecution/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop

LABOR AND EMPLOYMENT
Civil Rights
Age Discrimination–Termination of Chef in His Fifties
Race Discrimination–Family and Medical Leave Act/Retaliation/Black Store Manager Terminated
Fair Labor Standards Act–Wage and Overtime Violations/Failure to Pay Mechanic Overtime and Minimum Wage

LIMITED LIABILITY COMPANY
Ownership–Dispute Regarding Ownership of Limited Liability Company

MALICIOUS PROSECUTION
Intentional Torts–False Arrest/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop

MATTRESS DEALER AGREEMENT
Breach of Contract–Restrictive Covenants/Violation of Non-Compete Provision

MILLION DOLLAR VERDICTS & SETTLEMENTS
Negligence
Nursing Home–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections
Premises Liability–Motor Vehicle Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Premises Liability–Slip and Fall in Store

MONEY LENT
Business and Finance–Breach of Contract/Account Stated/Failure to Pay Credit Card Account

MOTOR VEHICLES
Negligence
Collision–Disputed Causation of Damages
Collision–Failure to Yield/Comparative Negligence
Collision–Injury to Minor
Collision–Subrogation Action
Collision with Bicyclist–Underinsured Motorist
Premises Liability–Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Rear-End collision–Disputed Causation of Damages
Rear-End collision–Disputed Liability and Causation of Damages
Premises Liability–Negligence/Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop

NEGLIGENCE
Admiralty–Assault by Male Cruise Ship Passenger on Female Companion Injures Third Passenger
Boat Collision–Wakeboarder Struck by Boat
Intentional Torts–False Arrest/Malicious Prosecution/Arrest of Driver for Drug Possession Following Traffic Stop
Motor Vehicles
Collision–Disputed Causation of Damages
Collision–Failure to Yield/Comparative Negligence
Collision–Injury to Minor
Collision–Subrogation Action
Collision with Bicyclist–Underinsured Motorist
Premises Liability–Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Rear-End collision–Disputed Causation of Damages
Rear-End collision–Disputed Liability and Causation of Damages
Nursing Home–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections
Premises Liability
Federal Tort Claims Act–Slip and Fall on Water at Post Office Entrance
Motor Vehicle Collision–Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Slip and Fall in Restaurant
Slip and Fall in Store
Slip and Fall on Liquid on Store Floor
Trip and Fall into Hole at Summer Camp/Injury to Minor
Trip and Fall on Sidewalk at Apartment Complex
Real Property–Negligence Per Se/Property Damage/Open Fire Spreads to Neighboring Property/Dog Bite Counterclaim

NURSING HOME
Negligence–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections

OWNERSHIP
Limited Liability Company–Dispute Regarding Ownership of Limited Liability Company

PREMISES LIABILITY
Negligence
Federal Tort Claims Act–Slip and Fall on Water at Post Office Entrance
Motor Vehicle Collision–Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Slip and Fall in Restaurant
Slip and Fall in Store
Slip and Fall on Liquid on Store Floor
Trip and Fall into Hole at Summer Camp/Injury to Minor
Trip and Fall on Sidewalk at Apartment Complex

RACE DISCRIMINATION
Labor and Employment–Civil Rights/Family and Medical Leave Act/Retaliation/Black Store Manager Terminated

REAL PROPERTY
Negligence–Negligence Per Se/Property Damage/Open Fire Spreads to Neighboring Property/Dog Bite Counterclaim

RESTRICTIVE COVENANTS
Breach of Contract–Mattress Dealer Agreement/Violation of Non-Compete Provision

UNJUST ENRICHMENT
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Civil Theft/Abuse

WAGE AND OVERTIME VIOLATIONS
Labor and Employment–Fair Labor Standards Act/Failure to Pay Mechanic Overtime and Minimum Wage

Injury Index

Ankle

Back

Concussion

Emotional and psychological harm
Emotional distress

Foot
Fracture

Knee

Loss of enjoyment of life

Mental anguish

Pain and suffering
Patella
Pressure ulcers and infections

Traumatic brain

Expert Witness Index

Medical Experts

GERIATRIC MEDICINE
Seignious, David W.

INTERVENTIONAL PAIN MANAGEMENT
Fox, Ira B.

LIFE CARE PLANNING
Bifulco, Santo Steven
Katz, Richard T.
Lichtblau, Craig H.
Liles, Richard

NEUROLOGY
Gerling, Gerard M.
Grabel, Jordan C.

NEURORADIOLOGY
Macchi, Paul

ORTHOPEDICS
Haycook, Brian E.

ORTHOPEDIC SURGERY
Lonstein, Mark B.
Marwin, Victor Michael
Smith, Michael J.
Venezia, Michael

RADIOLOGY
Arrington, John A.
Buono, Darren
Murtagh, F. Reed

SPINE SURGERY
Shim, John H.

Other Experts

ACCIDENT RECONSTRUCTION
Booeshaghi, Farhad

BILLING
Schweitzer, Vicki

CIVIL ENGINEERING
Fischer, William J.

CONTROLLED SUBSTANCES
Rao, Qinchun

ECONOMICS
Eastridge, Joyce
Mulder, Brenda
Raffa, Frederick A.

LIFE CARE PLANNING
Shahnasarian, Michael

NEUROSURGERY
Boone, James R.

NURSING
Ojeda, Johanna (JoAnn)

VALUATION
Malke, Robert

VOCATIONAL REHABILITATION
Shahnasarian, Michael

Judge Index

Altman, Roy K.
Carroll, Hunter W.
Coates, Howard K., Jr.
Cooke, Marcia G.
Curley, G. Joseph, Jr.
Damian, Melissa
Dearing, Katie L.
Falcone, Vincent, III
Frank, David M.
Gentile, Geoffrey H.
Gillman, Paige
Goodman, Jonathan
Janesk, Kenneth J., II

Keim, Donna M.
Lester, Don H.
Maltz, Howard M.
Mansfield, Declan P.
Nicholas, Edward
Roberson, Eric C.
Sharpe Byrd, Kimberly
Sharrit, Michael S.
Sharrit, Michael Scott
Smith, Layne
Sniffen, Charles
Steele, John E.
Walker, Gloria R.

Insurance Company Index

Allstate Fire and Casualty Insurance Company
Citizens Property Insurance Corporation
Direct General Insurance Company
GEICO

Peak Property and Casualty Insurance Corporation
Progressive Select Insurance Company
State Farm Mutual Insurance Company

Attorney Index

Aguila, Raul J.
Aloise, Paul M., Jr.
Alrutz, Laura H.
Amos, Kenneth E., Jr.
Aronfeld, Spencer Marc
Bellew, Brandon D.
Berke, Bill B.
Biddle, Michael
Blickensderfer, Michael C.
Bober, Peter
Boettcher, Ian
Braga, Vanessa A.
Bryant, Joseph R.
Burke, Ryan S.
Bustard, John W.
Casal, Cristobal A.
Caskey, J. Richard
Cazin, Christopher A.
Comstock, Jared D.
Cook, Kevin B.
Crowley, Kathleen H.
Devolder, Elizabeth G.
DiBello, Darin A.
Dicus, Wesley, Sr.
DiSalle, Lisa
Fischbach, J. Blaise
France, Michael A.
Galo, Daniel T.
Gebeloff, Stephen B.
Gelinas, Jason W.
Gilbert, Ryan L.
Glass, Michael L.
Goldstein, Zeb
Gonzalez, Kristin S.
Gordon, Robert M.
Gordon, Trevor M.
Gosen, Raymond J.
Gubernat, Jesse
Gula, William C.
Guter, Brian M.
Hale, Patrick M.
Hanley, Catharine D.
Hanson, Mark
Harne, Alexander T.
Hayashi, Matthias M.
Henratty, Scott L.
Hernandez Ivey, Abby
Hooker, Valerie L.
Hould, Stephen A.
Humphries, Jeffrey J.
Iyampillai, Patrick A.
Jacobson, Steven J.
Kaul, Sumeet
Khanal, Robin N.
Kinnaman, Christopher J.
Kirch, Janeen M.
Kirollos, Yasmine

Knopf, Andrew F.
Landy, Riley
LaPointe, Douglas J.
Levine, Alan
Levitt, Lauren A.
Lewis, Harold Davis, Jr.
Lindeman, William M.
Logan, Meagan L.
Longfellow, Joe, III
Loutos, Cassidy
Maione-Walsh, Lauren
Malavenda, Edward
Mase, Curtis J.
McClain, Brian K.
McElligott, Matthew
McFarlane, William J., III
Miller, Andrew D.
Mitnick, Keith R.
Mixson, Robert W.
Modlin, Scott E.
Mogg, Randall T.
Molaghan, Ryan P.
Morales, Michele
Murphy, J. Scott
O'Hara, J. Stephen, Jr.
Olsen, Robert L.
Pajcic, Curry Gary
Pajcic, Seth A.
Payne, Spencer L.
Paz, Rafael
Peak, Peter A.
Poage, Stuart C.
Poulakidas, Athanasios
Reed, Michael E.
Remer, Jason S.
Rhodus, Kristin
Rine, John A.
Rinehart Rassif, Jenna
Rosenwald, Robert F., Jr.
Salzano, Anthony M., Sr.
Schiller, Bruce H.
Seitz, William R.
Shevlin, Barry T.
Shutters, Peter G.
Silverman, Sara
Spath, Robert A.
Spraker, Chad C.
Storch, Noah E.
Therrell, Kendra B.
Tilley, Daniel B.
Torres, Mario E.
Turci, Amy R.
Underhill, W. Ashby
Urban, John L.
Wasson, Roy D.
Xenakis, Sean-Kelly